No, the laws on prisoners of war apply only to armed conflicts between states and pertain to persons who fall into the hands of the forces of an adversary state. Hamas and other terrorist organizations are not considered military forces of a state. Therefore, regardless of the status of the Palestinian Authority or how the conflict between Israel and Hamas is classified, the laws on prisoners of war do not apply. Holding both civilian and soldier hostages constitutes a violation of the laws of war and a war crime.
Yes, the taking of hostages is a violation of international law. It is prohibited in international armed conflict under Article 34 of the 1949 Geneva Convention IV, which also classifies the act as a grave breach of the Convention. In non-international armed conflict, it is prohibited under Common Article 3 of the 1949 Geneva Conventions. The 2016 Commentary of the International Committee of the Red Cross oon Common Article 3 defines hostage-taking as “the seizure, detention, or otherwise holding of a person (the hostage) accompanied by the threat to kill, injure, or continue to detain that person in order to compel a third party to do or to abstain from doing any act as an explicit or implicit condition for the release, safety, or well-being of the hostage.” This definition is reflected in Article 1 of the International Convention Against the Taking of Hostages The customary international law prohibition on the taking of hostages applies to both international and non-international armed conflicts. Therefore, it applies to the armed conflict between Israel and Hamas and other armed groups operating in Gaza.Common Article 3 further specifies that everyone in the custody of a party to the conflict “shall in all circumstances be treated humanely,” be protected from “violence to life and person,” and that “the wounded and sick shall be... cared for.” As a matter of customary humanitarian law, those deprived of their liberty must also be allowed to correspond with their families.